Hawaii Release of Lis Pendens
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How to fill out Release Of Lis Pendens?
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FAQ
Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.
At any time prior to the entry of judgment a notice of pendency of action shall be cancelled by the county clerk without an order, on the filing with him of an affidavit by the attorney for the plaintiff showing that there have been no appearances and that the time to appear has expired for all parties.
A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is ...
A lis pendens ? also called a notice of pendency of action ? is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful.
Lis pendens is a Latin term meaning ?suit pending?. It is typically used in Canada when someone claims a first right to a piece of real property?for example, when a spouse following a divorce claims a right to the matrimonial property. This claim must be resolved before anyone else can acquire the property.
A notice of pendency is a filing that gives public notice of a pending New York state or federal lawsuit in which the parties dispute ownership, possession, enjoyment or use of a particular piece of real estate.
There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.
Hawaii's lis pendens statute provides that ?[i]n any action concerning real property or affecting the title or the right of possession of real property? a notice of pendency of the action may be recorded in the state bureau of conveyances, state court or United States District Court. HRS § 634-51.
